Video 6:57
Qld communities confront implications of High Court ruling

The high court decision upholding alcohol management plans reignites debate in indigenous communities and turns the spotlight on a State Government review.

Transcript

MATT WORDSWORTH: Unfair, and a return to the olden days. Those were some of the indigenous reactions to this week's landmark high court decision. Confirming the legality of Queensland's controversial alcohol management plans. A palm island woman had appealed against her conviction for smuggling alcohol into a restricted area. Arguing the bans breached the commonwealth racial discrimination act. But the high court ruled the measures were designed to reduce harm. And police say there's evidence to show they're doing just that. It's put the spotlight back onto a Newman government decision to review alcohol bans in 19 communities. Jessica Nairn travelled to Palm Island for this story.

JESSICA NAIRN: It's a winter's day on Palm Island a world away from the cold of Canberra and the high court. But a decision is about to be handed down with potentially huge ramifications for this community.

Radio News: In breaking news: A palm island woman has lost her high court appeal against her conviction for smuggling alcohol into a restricted area. Her lawyers had challenged a Queensland law imposing the restrictions saying it breached the racial discrimination act.

WINSTON BLIGH, ELDER: I'm very disgusted, like I said; we seem to be the second class citizens.

COLLETTE WOTTON, RESIDENT: We should have rights like anybody else in Australia, white black or brown. It's just taking us back to the olden days; you know when my mother got removed here to Palm Island.

VERNONIC NOBLE, ELDER: People are watching you all the time. Even when we jump off the boat, sometimes they come to me, search my bag you find nothing there, I don't drink; I never drink in my life.

JESSICA NAIRN: Palm island grandmother Joan Maloney was convicted for smuggling two bottles of spirits into the north Queensland community in 20-10.

GREG SHADBOLT, JOAN MALONEY'S LAWYER: For myself for example if I have a glass of wine in BRISBANE, I'm not a criminal. If one of my indigenous clients on Palm Island has a glass of wine, they're a criminal so you can see why we've argued it was discriminatory.

JESSICA NAIRN: While the majority of the high court agreed the court found: The provisions constituted a 'special measure' designed to protect the residents of Palm Island from the effects of prevalent alcohol abuse and associated violence.

ERROL NEAL, YARRABAH MAYOR: I don't believe that. I believe until we can take matters into our own hands and make our own decisions as I said it's a sad day for democracy.

WAYNE BUTCHER, LOCKHART RIVER MAYOR: The fact that you have a discrimination act and there's a section that they've allowed for within that act to even further discriminate against a specific race or a specific group, special measures is almost like categorising indigenous people in this country.

JESSICA NAIRN: The decision comes at an important time. The Newman government's reviewing the alcohol management plans in conjunction with the 19 indigenous communities affected.

GLEN ELMS, INDIGENOUS AFFAIRS MINISTER: What we're talking about with our reviews is giving each and every community the opportunity individually and at their own time and pace to look at what is possible in their community, if they want to keep the plan that they have in place well that's up to them if they want to review in some way well that is up to them.

JESSICA NAIRN: So far no proposals to wind back amp's have been submitted although Palm Island is almost ready. The government says strict conditions would have to be met.

GLEN ELMS: Whatever proposals come before government have as an intricate part of it a situation where harm levels in those communities will come down now unless that can be proved and unless the plans are in place to show that that can happen then we won't be going along with any of the proposals that are put in place.

JESSICA NAIRN: On Palm Island, the restrictions have been in place for more than five years. Residents are allowed to bring in up to a carton of mid strength beer while wine and spirits are banned. Indigenous elders say the measures aren't working. Sly grogging charges have spiked while residents believe hard drug problems are becoming more prevalent.

COLLETTE WOTTON: I know a few people who've been alcoholics all their life, they just end up turning into a drug addict, they don't even drink beer anymore. You know. It's amazing.

WAYNE BUTCHER: It's almost to a stage now with the AMP's are all stalemate now. People have now worked their way around the AMP's so we're almost back at square one.

JESSICA NAIRN: Palm Island Mayor Alf Lacey has been a vocal opponent of the bans. He's one of hundreds around the state on sly grogging charges. Charges that had been put on hold pending the high court's decision.

ALF LACEY: RADIO GRAB: If this set of laws is there to make us good citizens then citizens need jobs, citizens need better housing and better health outcomes and better education.

ASSIST COMM. MIKE CONDON, QLD POLICE SERVICE: We're seeing a reduction in serious assault particularly assault occasioning bodily harm and grievous bodily harm in areas where the plans are in place, along with other strategies, working with the community to make them safer.

JESSICA NAIRN: GRAPHIC: Police figures show 105 serious assaults were recorded on Palm Island in 20-11. That dropped to 70 last year and says violent crime is continuing to fall.

ASSIST COMM. MIKE CONDON: I think it would be fair to say that the a-m-p program is one of many policing strategies that we work with the communities to make their areas a safer place. So certainly we would be advocating that any strategy that reduces crime and particularly serious assault against members of the community, we would see them as advantageous.

JESSICA NAIRN: Even some, who condemn the restrictions, like school assistant Collette Wotton, concede there have been benefits.

COLLETTE WOTTON: The attendance rates rose high, you know kids coming to school with lunches, money, clean and parents are starting to be responsible at home.

JESSICA NAIRN: The government's set no time frame on when the review on AMP's will be complete. In the meantime the courts will be busy clearing the backlog of sly grogging cases that can now proceed.